Terms and Conditions

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Our Terms and Conditions

  1. 1. Our contract with you
    1. 1.1 What these terms cover. These terms and conditions apply to any products, digital content, goods or services we provide to you. 
    2. 1.2 Consumers. For the purpose of these terms and conditions, we regard football players as consumers and football clubs, managers, agents and scouts as business customers. Terms which apply only to consumers apply only to those football players who are our customers.
    3. 1.3 Who we are. We are HBS Sports Limited (registered in England and Wales with company number 11339221). Our registered office is at Parkhill Business Centre, Walton Road, Wetherby, West Yorkshire, LS22 5DZ, United Kingdom.
    4. 1.4 Contact between us. For details on contacting us: Contact Us
    5. 1.5 Writing. When we use the words “writing” or “written” in these terms, this includes emails. We will also be deemed to have contacted you in writing if we contact you via our site (provided that you have reasonable access to it at the time).
    6. 1.6 Acceptance. A contract will only come into force between us if we send an acceptance email to the email address that you have provided.
  2. 2. Your responsibilities
    1. 2.1 Account details. You must keep your account details safe and keep them confidential.
    2. 2.2 Acceptable use. You must comply with our acceptable use policy; Acceptable Use Policy
    3. 2.3 Protection of under 18s.
      1. 2.3.1 Confirmation you must make If you are under 18 and wish to subscribe, we will require your parent or guardian to complete your subscription. By doing so, your parent or guardian consents to your use of this site and agrees to supervise that use. We advise parents or guardians to communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.
      2. 2.3.2 Assessing risks We make efforts to assess possible risks for users (and in particular, for under 18s) when they use our site. However, we are under no obligation to oversee, monitor or moderate any service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
  3. 3. Our rights to make changes
    1. 3.1 Changes to the products. We may change or replace any products from time to time. Any changed or replaced product will have the same main characteristics, functionality and uses. Images and descriptions on our website are for illustrative purposes only.
    2. 3.2 Number of messages. In particular, we may change the number of messages and contact opportunities available in each month and will notify you if we do so.
    3. 3.3 Changes to these terms. We may amend these terms from time to time. If we do so we will notify you.
    4. 3.4 Updates to digital content. We may update or require you to update digital content from time to time. This will include any apps and the content on our site. Any new digital content will have at least equivalent functionality and use to any replaced content.
  4. 4. Providing goods, services and content
    1. 4.1 When we will provide the products. During the order process we will let you know when we will deliver any goods to you. Any delivery dates are estimates only and time is not of the essence. We will display any applicable delivery costs on our website.
    2. 4.2 Subscriptions to content. We will supply the services and digital content to which you subscribe until you close your account under clause 4 or we close it under clause 6.
    3. 4.3 If you miss a delivery. If miss any delivery of any products, we will attempt to re-arrange delivery. If, despite our reasonable efforts, we are unable re-arrange delivery we may end the contract and clause 6.1.3 will apply.
    4. 4.4 We are not responsible for delays outside our control. If our supply of products or content is prevented or delayed by any event outside our control, then we will inform you as soon as possible and take steps to minimise any delay. We will not be liable for delays caused by the event.
    5. 4.5 When you become responsible for the goods. Any goods supplied are at your risk from the time we deliver them to you at the address you gave to us.
    6. 4.6 When you own goods. You own any goods we supply once we have received payment in full.
    7. 4.7 What will happen if you do not give required information to us. We may need information from you so that we can supply products or content to you. You agree to supply that information promptly. We will not be responsible for any failure or delay in supplying products or content to you if this is caused by you not giving us the information we need.
    8. 4.8 Reasons we may suspend the supply of products, services or content to you. We may suspend the supply of a product or content to:
      1. 4.8.1 deal with technical problems or make technical changes;
      2. 4.8.2 update product or content to reflect changes laws and regulations; or
      3. 4.8.3 make changes to the product as requested by you or notified by us to you.
    9. 4.9 We may also suspend supply of the products if you do not pay. If you do not pay us when you are supposed to, and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
  5. 5. Your rights to end the contract
    1. 5.1 You can end your contract with us. Your may have the right to close your account and end your contract with us to supply any products in the following circumstances:
      1. 5.1.1 If what you have bought is faulty, you may have a legal right to end the contract (or to get the product repaired or replaced) see clause 7;
      2. 5.1.2 Changes to our privacy policy you may close your account in certain circumstances, see clause 11.2;
      3. 5.1.3 If we have suspended the supply of content or services for technical reasons for a period of more than 90 consecutive days;
      4. 5.1.4 In the case of football players only if you have changed your mind about the product and clause 4.2 applies. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; or
      5. 5.1.5 In all other cases (if we are not at fault and there is no right to change your mind) see clause 4.3.
    2. 5.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
      1. 5.2.1 If you are a football player, you will have a legal right to change your mind within 14 days and receive a refund.
      2. 5.2.2 You do not have a right to change your mind in respect of:
        (a) any product or service if you are a football club, agent, scout or manager;
        (b) digital content after you have started to access, download or stream it;
        (c) any other services, once completed, even if the cancellation period is still running;
        (d) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
        (e) any products which become mixed inseparably with other items after their delivery.
      3. 5.2.3 How long do I have to change my mind?
        (a) Online content and services: you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start accessing, downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
        (b) Goods: you have 14 days after the day we deliver the goods.
    3. 5.3 Ending your subscription. All customers may end their subscription by giving 3 months’ notice in writing to us. You must pay for the subscription until the expiry of that 3 month period. To end the subscription; Termination.
  6. 6. How to end the contract with us or return products in all cases
    1. 6.1 Tell us you want to end the contract. To end the contract with us, please contact us; Termination
    2. 6.2 Returning products to us.
      1. 6.2.1 Faulty products. We will pay the costs of return if the products are faulty. You may post products to us or allow us to collect them. If you post them to us we will pay the costs of postage.
      2. 6.2.2 Returns where products are not faulty (including where you are exercising your right to change your mind). You must pay the costs of return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    3. 6.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection and will inform you of the cost.
    4. 6.4 How we will refund you. If you are due any refund, we will refund you by the method you used for payment. However, we may make deductions from the price.
    5. 6.5 Deductions from refunds if you are exercising your right to change your mind. If you are a football player and you have exercising your right to change your mind:
      1. 6.5.1 We may reduce any refund (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      2. 6.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
      3. 6.5.3 Where the product is a service or content, we may deduct from any refund an amount for the supply of the service or content for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  7. 7. Our rights to end the contract
    1. 7.1 We may end the contract if you break it. We may close your account and/or end our contract to supply any product at any time by writing to you if:
      1. 7.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
      2. 7.1.2 you breach any other term (other than a payment term) of our contract with you and do not remedy that breach within 14 days of us contacting you requiring you to remedy the breach;
      3. 7.1.3 you breach clause 2.2 or 12, in which case, we may close your account and end our contract to supply any product immediately;
      4. 7.1.4 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide any products or services; or
      5. 7.1.5 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
    2. 7.2 We may withdraw any product or service. We may withdraw any product or service by giving you 3 months’ notice in writing.
  8. 8. Faulty goods or services
    1. 8.1 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. The box below sets out the key legal rights of consumers in relation to the products and services we provided under the Consumer Rights Act 2015. We will honour the following with respect to all our customers, subject to clause 9.

      Summary of your key legal rights
      These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. In respect of goods, you are entitled to receive goods that are as described, fit for purpose and of satisfactory quality. During the expected lifespan of the product, your legal rights entitle you to the following:
      (a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
      (b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
      (c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
      See also clause 4.2.
      In respect of digital content, the content must be as described, fit for purpose and of satisfactory quality:
      (a) If digital content is faulty, you’re entitled to have the fault fixed.
      (b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back for the period when the fault persisted.
      (c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
      See also clause 4.2.
      In respect of other services:
      (a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.
      (b) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

  9. 9. Price and payment
    1. 9.1 Prices and payment. Our prices and payment methods are set out on the online order form section of our website.
    2. 9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. 9.3 We can charge interest if you pay late. If you do not make any payment to us by the due date (including any failed payment or cancellation of direct debit) we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  10. 10. Our responsibility for loss or damage suffered by you
    1. 10.1 Consumers. If we fail to comply with these terms, we are responsible to a football player who is our customer (being a consumer) for loss or damage that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
    2. 10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
    3. 10.3 Damage to devices by digital content If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. 10.4 All customers. You must first give us an opportunity to remedy any breach as envisaged in clause 8. In any event, we will have no liability to you for any:
      1. 10.4.1 loss of profit or revenue;
      2. 10.4.2 loss of business;
      3. 10.4.3 business interruption;
      4. 10.4.4 loss of contract; or
      5. 10.4.5 loss of business opportunity, goodwill or reputation.
    5. 10.5 Business customers. In particular, in respect of agents, scouts, managers and football clubs:
      1. 10.5.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these conditions.
      2. 10.5.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the services pursuant to these conditions at any time shall be limited to the subscriptions fees payable by you for any period where the services or content are not available.
    6. 10.6 Responsibility for data.
      1. 10.6.1 Performance data produced by our apps. We will make reasonable efforts to ensure that any data produced by the apps provided by us as part of the digital contents is accurately recorded but we cannot give any warranty or guarantee that the data on the site will be accurate or complete in all respects.
      2. 10.6.2 Other materials uploaded by users. We have not verified any information or materials uploaded by other users and any views express on the site do not represent our views. We do not moderate content on the site. If you wish to complain about any materials uploaded by users; Contact Us
  11. 11. How we may use personal information
    1. 11.1 How we may use personal information. We will only use your personal information as set out in our; Privacy Policy.
    2. 11.2 Changes to our privacy policy. We notify you in writing if we are to make any changes to our privacy policy. If you object to the changes, you may close your account with us. However, your continued use of any product, content or service after we publish or send a notice about our changes to our privacy policy means that you are consenting to the updated privacy policy.
  12. 12. Your agreement to comply with data protection legislation
    1. 12.1 In this clause “Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
    2. 12.2 Compliance with legislation. You and we agree to comply with all applicable requirements of Data Protection Legislation.
    3. 12.3 Sharing data. You and we agree to comply with and only to use, process, share and transfer data:
      1. 12.3.1 to other customers and users of our site who have agreed to comply with these terms;
      2. 12.3.2 in accordance with our privacy policy; and
      3. 12.3.3 for the purposes for which such data is collected and provided to you as set out in the privacy policy.
    4. 12.4 Additional provisions concerning business agents, scout, manager, football club and any business. Any such business users of the site must:
      1. 12.4.1 not download or remove any data from our app except as expressly permitted by the app;
      2. 12.4.2 ensure that you have all necessary appropriate systems, consents, processes and notices in place to enable lawful transfer of the Personal Data to the Provider for the duration and purposes of your contract with us;
      3. 12.4.3 ensure that you have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
      4. 12.4.4 ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
      5. 12.4.5 assist us, at your costs, in responding to any request from any data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
      6. 12.4.6 notify us without delay on becoming aware of a personal data breach;
      7. 12.4.7 on our instruction, delete or destroy any personal data relating to any other user and copies of it at any time and in any event when your contract with us ends;
      8. 12.4.8 maintain complete and accurate records and information to demonstrate its compliance with this clause 12 and allow for audits by us and anyone we may designate.
    5. 12.5 Indemnity. Compliance with this clause is essential to us. You agree to indemnify and keep indemnified against any loss, damage, penalty, or costs (including legal and other professional costs on a full indemnity basis) suffered, incurred or put to us as a result of any breach by you of this clause 12.
  13. 13. Intellectual property
    1. 13.1 Ownership. We are the owner (or the licensee) of all intellectual property rights in our site, the material, data and information published by us on it, the apps made available on our site, and any data generated by or for the apps provided by us as part of the digital content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. 13.2 Other data uploaded by you. Any content (other than as described in clause 12.1 you upload to our site will be non-confidential and non-proprietary. You retain ownership in such content, but you are grant us and other users of our site an irrevocable, free, worldwide licence to use, store and copy that content and to distribute it to third parties.
    3. 13.3 Access and use. You may access and use the information that is permitted in accordance with the apps which we provide on this site.
    4. 13.4 Modifications. You must not modify, reverse engineer, decompile or copy the source code of any of the apps or modify any data produced by the apps.
    5. 13.5 Breach. If you breach this clause 12, your right to use our site will cease immediately and we my require you to irretrievably delete or destroy any copies of any of our data, materials or software that you hold.
  14. 14. Other important terms
    1. 14.1 Other websites. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for any content on such other websites.
    2. 14.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    3. 14.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. 14.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to close your account or make any changes to these terms.
    5. 14.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. 14.6 No delay in enforcing this contract, we affect our rights. If we delay in taking steps against you in respect of your breaking this contract, that will not prevent us taking steps against you at a later date.
    7. 14.7 Which laws apply to this contract and where you may bring legal proceedings. English law governs these terms. All parties may bring legal proceedings in the English courts. Parties in Scotland may also bring proceedings in Scottish courts. Parties in Northern Ireland may also bring legal proceedings in Northern Irish Courts.